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2022 DIGILAW 177 (RAJ)

Faga Ram S/o. Sh. Bheeka Ram Dewasi v. State, Through PP

2022-01-19

DEVENDRA KACHHAWAHA

body2022
ORDER : Devendra Kachhawaha, J. 1. In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing. 2. Heard learned counsel for the petitioner and learned counsel for the complainant appearing through video conferencing so also learned Public Prosecutor, present-in-person. Perused the material available on record. 3. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 90/2021, Police Station Sanderao, registered for the offences under Sections 498A, 304B & 201 IPC. 4. Learned counsel for the petitioner states that as per the prosecution, telephonic call was received on 12.07.2021 and incident took place on 13.07.2021 and on the date of incident itself, it was came to the knowledge of the complainant side that there were injuries on the body part of the deceased-Kamla and at that time, number of persons were there and it was asked by those persons that if any doubt is there, then, they can file a report but after discussion, funeral was conducted on the very same day i.e. on 13.07.2021. It is stated that the report was filed on 18.07.2021, after delay of 5 days, which is also not satisfactorily explained; infact the deceased slipped in the bathroom and also she was mentally ill, and particularly as per the statement of Roopa Ram, an independent person, it was stated to the relatives of the deceased that if they have any doubt, then, they can inform the police and ask for the post-mortem and we all are with you, and after some time, other relatives also came there and after discussion, funeral was conducted. He further submits that one story was made that if any case is registered, the complainant side will be debarred from the society and it was stated by the person gathered there that first of all funeral will be performed. Lastly, it is submitted that the accused petitioner is behind the bars since 25.10.2021, the charge sheet has already been filed, and trial will likely to take sufficient long time, therefore, benefit of bail may be granted to the accused petitioner. 5. Lastly, it is submitted that the accused petitioner is behind the bars since 25.10.2021, the charge sheet has already been filed, and trial will likely to take sufficient long time, therefore, benefit of bail may be granted to the accused petitioner. 5. On the contrary, learned Public Prosecutor and learned counsel appearing for the complainant have opposed the bail application of the accused-petitioner and stated that the marriage had taken place in the childhood and the deceased came to her matrimonial home 6-7 years before and as per the evidence available on record, there were injuries on the body part of the deceased and the charge sheet has been filed under Section 304B IPC. 6. Having regard to the facts and circumstances of the case, particularly to the fact that the injuries were found on the body of the deceased, as per the evidence available on record and arguments advanced by the learned Public Prosecutor and learned counsel for the complainant why the complaint was not filed in time and was delayed by 5 days, which is not satisfactorily explained, despite that as per the statement of Roopa Ram, it was assured by the villagers and members of the society that if the complainant side had any doubt, they could call the police and request for post-mortem, later on, the funeral was conducted in presence of all the relatives of both the sides, villagers and other members of the society, the charge-sheet has been filed and trial will take sufficiently long time, the accused petitioner is behind the bar since 25.10.2021, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Faga Ram son of Bheeka Ram Dewasi arrested in connection with F.I.R. No. 90/2021, Police Station Sanderao, District Pali, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty Thousand) and two sureties of Rs. 25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.